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Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....tiffs-petitioners who submitted written objection on 27-10-98 against the report of the Advocate Commissioner on the grounds; i. That the report submitted by the Advocate Commissioner is false and partial report and, as such, it is liable to be rejected. ii. That the report submitted by the Co......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ..Category: Property Law | Date: | Hits: 28
Nikhil Chandra Halder Vs. State, 2001, 30 CLC (HCD)
....sed used to behave in a deranged manner and was under treatment at Pirojpur, Pabna and Barisal. The defence witnesses were cross- examined on behalf of the prosecution but nothing new came out. ...... in Sessions Case No. 15 of 1994 convicting the appellant Nikhil Chandra Halder, under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life. 2. The case of the prosecution, in brief, while the victim Happy Rani Halder, aged about 12 years, on returning from sc..Category: Health Law | Date: | Hits: 266
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......he petition of complaint and the defence material has been established and, as such, the Bainapatra which is the subject matter of the suit for specific performance of contract became the part of the prosecution material and, as such, this court is entitled to look into the said part of the prosecut..Category: Criminal Law | Date: | Hits: 43
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......5 of 2004. The reference and both the criminal appeals and jail appeal having arisen out of the same judgment and order, have been heard together and are being disposed of by this judgment. 2. The prosecution case, in brief, is that on 26-8-2000 at 3-30 PM while deceased Rasel Bhuiyan was gossi..Category: Criminal Law | Date: | Hits: 40
AKM Iftekhar Ahmed and another Vs. State, 2007, 36 CLC (HCD)
....de Court. If this position be continued, I am afraid a day will come when practically, there will be no legal system in Bangladesh. Ed. This Case is also Reported in: 59 DLR (2007) 646. ......n a number of cases that a case cannot be quashed on defence materials. Reliance may be made in the case reported in 48 DLR (AD) 213 where it has been held that a criminal case can be quashed only on prosecution materials. It has already been settled by the Hon'ble Supreme Court in the decisions rep..Category: Criminal Law | Date: | Hits: 97
Manzu Sweeper Vs. State, 2005, 34 CLC (HCD)
.... a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 593; 13 MLR (HCD) (2008) 417. ......on 25A of the Special Powers Act, 1974 against one unless he had used it with the knowledge or belief that it was forged or counterfeit. A conviction under the section can only be held valid when the prosecution proves in addition to possession that the accused used the note or having reason to beli..Category: Criminal Law | Date: | Hits: 40
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ......dence of any handwriting expert, the Judge should, as a matter of prudence and caution, hesitate to base his finding with regard to the identity of a handwriting which forms the sheet-anchor of the prosecution case against a person accused of an offence, solely on comparison made by himself. It is..Category: Property Law | Date: | Hits: 68
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......nal Procedure and thereafter, the accused petitioner appeared and was enlarged on bail. Accused petitioner moved an application under section 241A of the Code of Criminal Procedure for discharge from prosecution but the said prayer was refused by the learned Magistrate. Thereafter, the accused petit..Category: Health Law | Date: | Hits: 251
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
.... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549.......2-5-2002 of the Metropolitan Assistant Sessions Judge, 5th Court, Dhaka in Metropolitan Sessions Case No. 716 of 1999. over the self same occurrence, two cases have been registered separately and the prosecution has also examined similar set of witnesses in both the cases. The evidence on one case w..Category: Criminal Law | Date: | Hits: 90
Shilpi Vs. State, 2006, 35 CLC (HCD)
....ke evidence of the appellant Shilpi. Communicate this order to the Tribunal concerned immediately. This appeal is allowed summarily. Ed. This Case is also Reported in: 59 DLR (2007) 539. ...... 2000 has been preferred against the order dated 27-6-2006 passed by the Nari-o-Shishu Nirjatan Daman Bishesh Tribunal, Faridpur in Nari-o-Shishu Case No. 267 of 2003 rejecting the application of the prosecution for examination of the first information report-named witness Shilpi, the victim of the ..Category: Procedural Law | Date: | Hits: 67
Zitu Ahsan alias Apon Vs. State, 2007, 36 CLC (HCD)
....t him of the said Ain. The appellant be set at liberty at once if not wanted in connection with any other case. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 528.......ABM Waliur Rahman Khan, appearing on behalf of the appellant, has taken us through the impugned judgment and order, depositions of the witnesses and the other materials on record and submits that the prosecution failed to prove the charge against the appellant beyond reasonable doubt. He further sub..Category: Criminal Law | Date: | Hits: 44
Rahamatullah (Md) and another Vs. State, 2007, 36 CLC (HCD)
....receipt of the case records with notices to the contending parties. Send down the records along with the copy of the judgment immediately. Ed. This Case is also Reported in: 59 DLR (2007) 520.......udge, Speedy Trial Tribunal who framed charge under sections 302/34, and 201 and 34 of the Penal Code where the accused persons pleaded not guilty and claimed to be tried. 5. At the trial, the prosecution examined 6(six) witnesses in support of his contention and the defence examined none. ..Category: Criminal Law | Date: | Hits: 32
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......legal formalities for absentia trial were observed. Since the Reference and appeals arise out of the same judgment, they are taken up together for hearing and disposal by this judgment. 3. The prosecution case, in brief, is that at 5-00 PM on 15-2-2002 the four accused persons, armed with Has..Category: Criminal Law | Date: | Hits: 35
Taju and others Vs. State, 2007, 36 CLC (HCD)
.... 29. He was not cross-examined by the defence on behalf of the accused-appellants. 30. PW 11 SI Md. Mozharul Islam is the second Investigating Officer who stated that he performed the partial investigation of the case. He interrogated 5 witnesses of whom he recorded the statement of ......an Ain, 2000 and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Taka 1,00,000 (one lac) in default to suffer 2 (two) years rigorous imprisonment each. 2. The prosecution case, in short, is that the informant Sabuj Miah lodged the first information report wit..Category: Criminal Law | Date: | Hits: 42
Hazrat Ali alias Dulal Vs. State, 2007, 36 CLC (HCD)
....y the appellant in jail custody prior to his conviction be deducted from the sentence of imprisonment. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 496. ......) of the Arms Act sentencing him to suffer rigorous imprisonment for 10(ten) years and 7 (seven) years respectively directing there under to run both the sentences concurrently. 2. The case of the prosecution briefly, is that convicted appellant was arrested on 13-12-2001 and was sent up for tria..Category: Criminal Law | Date: | Hits: 43
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......rdered that both the sentences shall run concurrently. The Court also ordered that the total period which accused-appellant already spent in custody would be deducted from his sentence. 2. The prosecution case, as it appears from the deposition of the informant Md. Lutfor Rahman, Officer-in-C..Category: Criminal Law | Date: | Hits: 42
Anisur Rahman Gazi alias Anisur alias Chhotu Vs. State, 2007, 36 CLC (HCD)
....be set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 488. ......Special Tribunal Case No. 157 of 1997 convicting the accused-appellant under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 14 (fourteen) years. 2. The prosecution case, as it appears from the deposition of Md. Mahbubur Rahman who is the informant of ..Category: Criminal Law | Date: | Hits: 34
HP Cold Rolling Mills Ltd. Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483.......tual export of the finished goods as drawback expeditiously, preferably within two months of receipt of this order. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 483...Category: Fiscal/Taxation Law | Date: | Hits: 93
Md. Ali Vs. State, 2007, 36 CLC (HCD)
....e thereunder. Said convict accused Lokman Hossair be treated to be at liberty if not connected with any other case. Records be sent down. Ed. This Case is also Reported in: 59 DLR (2007) 441.......ict-appellant-petitioner takes legal objection that trial Court wrongly charged under section 19(1)3 ka, Narcotics Control Act 1990) against accused petitioner and another Lokman whereas according to prosecution, 25 bottles of Phensidyl were recovered from each of 2 accused. He submits that during i..Category: Criminal Law | Date: | Hits: 30
Zamir Ali (Md.) and others Vs. State, 2007, 36 CLC (HCD)
....ellants be set at liberty at once if not wanted in any other case. Let a copy of the judgment along with the LCR be sent down immediately. Ed. This Case is also Reported in: 59 DLR (2007) 433.......ubstances Act, 1908 corresponding to GR No. 767/99(A), convicting the appellants under section 3 of the Explosive Substances Act, 1908 and sentencing them to suffer transportation for life. 2. The prosecution case relevant for disposal of this Appeal is that one Rafiza Bibi lodged Sylhet Kotwali ..Category: Criminal Law | Date: | Hits: 30